Do Hindu Women, Daughters Have Equal Rights to Property?

Hindu Succession (Amendment) Act, 2005: Equality for Women

Hindu Indian Mother Daughter
Hindu women now enjoy equal rights in property matters as their male siblings. Getty Images

A Hindu woman or girl now enjoys equal property rights along with other male relatives. Under the Hindu Succession (Amendment) Act, 2005, daughters are entitled to equal inheritance rights along with other male siblings. This was not the case until the amendment of 2005.

Hindu Succession (Amendment) Act, 2005

This amendment came into force on September 9, 2005 as the Government of India issued a notification to this effect.

The Act removed gender discriminatory provisions in the ​previous Hindu Succession Act of 1956 and gave the following rights to daughters:

  • The daughter of a coparcener becomes a coparcener in her own right in the same manner as the son. (Coparcener is a person who has equal right in the inheritance of an undivided property.)
  • The daughter has the same rights in the coparcenary property as she would have had if she had been a son;
  • The daughter shall be subject to the same liability in the said coparcenary property as that of a son;
  • The daughter is allotted the same share as is allotted to a son;

Read the full text of the Amendment Act of 2005 (PDF)

According to Supreme Court of India, Hindu female inheritors not only has the succession rights but also the same liabilities fastened on the property along with the male members. A new Section (6) provides for parity of rights in the coparcenary property among male and female members of a joint Hindu family on and from September 9, 2005.

This is a crucial date for the following reason:

This Act applies to a daughter of the coparcener, who is born before September 9, 2005 (and alive on 9 September 2005) on which date the amendment came into force. It does not matter whether the daughter concerned was born before 1956 or after 1956 (when the actual Act came into force) since the date of birth was not a criterion for application of the Principal Act.

 And there is also no dispute about the entitlement of daughters born on or after September 9, 2005.